Fetch!
Uncertain

red wing

ernest thompson
Year unknown
Confidence
60
— Composition copyright —

Songwriter & publisher

Public Domain
Songwriter(s)
Kerry Mills, Thurland Chattaway
Publisher
F.A. Mills
First published
1907
Rule · Compositions first published before 1931 are in the US public domain (95-year term under the 1976 Copyright Act, as extended by the Sonny Bono CTEA).

The composition 'Red Wing' (also known as 'Red Wing, An Indian Intermezzo') was written by Kerry Mills (music) and Thurland Chattaway (lyrics) and first published in 1907. Under US copyright law for compositions, works published before January 1, 1929, are definitively in the public domain. The original copyright for 'Red Wing' would have expired decades ago, as its renewal period would have passed long before the various copyright term extensions. Therefore, the musical composition 'Red Wing' is in the public domain in the United States. This means that anyone can cover, sample, or synchronize the song without needing to obtain a license from the original publisher or songwriters' estates for the composition itself. However, separate clearance would still be required for any extant sound recordings of the song that remain protected.

Confidence
100

Sound recording and composition are two separate copyrights. Even if one is public domain, the other may still be protected — clear cover, sample, and sync rights independently.

— Rule Applied —

The deterministic finding

Year of fixation unknown — cannot apply MMA term rules.
— AI Reasoning —

Why this status applies

The sound recording 'Red Wing' by Ernest Thompson has an 'UNCERTAIN' status because the year of fixation is unknown, preventing the application of the Music Modernization Act (MMA) term rules. The MMA, specifically 17 U.S.C. § 1401, provides a clear framework for pre-1972 sound recordings, categorizing them into different terms of protection based on their creation date and publication. Recordings fixed before January 1, 1923, entered the public domain on January 1, 2022. Recordings fixed between January 1, 1923, and December 31, 1946, are protected for 100 years from fixation. Recordings fixed between January 1, 1947, and December 31, 1956, are protected for 110 years from fixation. Recordings fixed between January 1, 1957, and February 15, 1972, are protected until February 15, 2067. Without a definitive fixation date for Ernest Thompson's recording of 'Red Wing,' it's impossible to place it within these categories. Ernest Thompson was a prominent banjo player and early country music artist, often recording for labels like Columbia and OKeh in the 1920s and 1930s. If this particular recording dates from, for example, 1924, it would have entered the public domain on January 1, 2024, under the MMA's 100-year rule. However, if it was a later recording, its protection period would differ. The lack of specific discographical information, such as the exact recording session date, release date, and label matrix numbers, makes it impossible to confidently determine its public domain status under the MMA. Research into historical recording catalogs and label archives would be necessary to establish the fixation year and apply the correct MMA provision.
— Cited Sources —

Supporting facts

  • 17 U.S.C. § 1401 (Music Modernization Act)
  • H.R.1551 - Music Modernization Act, 115th Congress (2017-2018)
  • Library of Congress: Pre-1972 Sound Recordings and the MMA
  • Discogs.com (for Ernest Thompson discography research)
  • Folkways.si.edu (for historical country music context)

This analysis is AI-generated for informational research only and does not constitute legal advice. Sound-recording status under the MMA does not determine the status of the underlying composition. Always consult a qualified copyright attorney before commercial use.